SECTION A:  ENVIRONMENTAL (NATIONAL)

National Environmental Management: Biodiversity Act 10 of 2004

1. Delegation of powers and duties under section 87A(1)(b) of the Act. Published in GG 37930 Notice Number 639 dated 22 August 2014.

2. Delegation of powers and duties under section 87A(1)(b) of the Act. Published in GG 37930 Notice Number 640 dated 22 August 2014.

National Environmental Management: Protected Areas Act 57 of 2003

3. Amendment to the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites Regulations, 2014. Published in GG 37904 Notice Number 622 dated 15 August 2014.

National Forest Act 84 of 1998

4. List of protected tree species under the Act. Published in GG 37941 Notice Number 650 dated 29 August 2014.

National Nuclear Regulator Act 47 of 1999

5. Co-operation agreement between the National Nuclear Regulator and the National Energy Regulator of South Africa. Published in GG 37941 Notice Number 712 dated 29 August 2014.

Promotion of Access to Information Act 2 of 2000

6. Manual in accordance with the Act: Limpopo Department of Economic Development, Environment and Tourism. Published in GG 37933 dated 22 August 2014.

7. Manual in accordance with the Act: Department of Transport. Published in GG 37923 dated 21 August 2014.

8. Manual in accordance with the Act: Mpumalanga Provincial Government: Office of the Premier. Published in GG 37911 dated 14 August 2014.

Local Government: Municipal Property Rates Amendment Act 29 of 2014

9. The President has assented to the Amendment Act and it will come into operation on a date to be determined by the President by proclamation in the gazette. Published in GG 37922 Notice Number 630 dated 18 August 2014.

Standards Act 8 of 2008

10. Standards matters. Published in GG 37903 Notice Number 618 dated 15 August 2014.

11. Standards matters. Published in GG 37903 Notice Number 619 dated 15 August 2014.

Consumer Price Index

12. Consumer Price Index for July 2014. Published in GG 37941 Notice Number 722 dated 29 August 2014.

Plant Breeders Rights Act 15 of 1976

13. Amendment to the regulations relating to Plant Breeders Rights. Published in GG 37942 Notice Number 645 dated 29 August 2014.

14. Aspects of plant breeders’ rights processed for the period April 2014 – June 2014. Published in GG 37941 Notice Number 649 dated 29 August 2014.

SECTION B: SAFETY AND HEALTH (NATIONAL)

Medicines and Related Substances Act 101 of 1965

15. Notice in terms of section 23(1)(b) of the Act relating to medicines that contain Phenyl Butazone. Published in GG 37898 Notice Number 609 dated 7 August 2014.

16. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 37938 Notice Number 643 dated 22 August 2014.

17. Exclusion of certain medicines from the operation of certain provisions of the Act. Published in GG 37900 Notice Number 637 dated 11 August 2014.

Occupational Health and Safety Act 85 of 1993: Construction Regulations 2014

18. Temporary exemptions in terms of section 42(1). Published in GG 37942 Notice Number 647 dated 29 August 2014.

Basic Conditions of Employment Amendment Act 2013

19. The commencement date of the Amendment Act is 1 September 2014. Published in GG 37955 Notice Number 60 and 654 dated 29 August 2014.

20. Amendment to the regulations under the Act. Published in GG 37955 Notice Number 655 dated 29 August 2014.

Labour Relations Amendment Act 6 of 2014

21. The President has assented to the Amendment Act and it will come into operation on a date to be determined by the President by proclamation in the gazette. Published in GG 37921 Notice Number 629 dated 18 August 2014.

Agricultural Product Standards Act 119 of 1990

22. Regulations relating to the quality, packing and marking of dried fruit intended for sale in the Republic of South Africa. Published in GG 37949 Notice Number 653 dated 29 August 2014.

Department of Agriculture, Forestry and Fisheries

23. The National Policy on Food and Nutrition Security for the Republic of South Africa. Published in GG 37915 Notice Number 637 dated 22 August 2014.

SECTION C: SAFETY, HEALTH AND ENVIRONMENTAL
Draft National Legislation and Regulations

National Environmental Management Act 107 of 1998

24. Draft national appeal regulations. Members of the public are invited to submit written comments within 30 days of publication of this notice in the gazette. Published in GG 37937 Notice Number 790 dated 22 August 2014.

25. Draft amendment to the Environmental Impact Assessment Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 37951 Notice Number 733 dated 29 August 2014.

26. Draft amendment to Listing Notice 1 in terms of the Environmental Impact Assessment Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 37951 Notice Number 734 dated 29 August 2014.

27. Draft amendment to Listing Notice 2 in terms of the Environmental Impact Assessment Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 37951 Notice Number 735 dated 29 August 2014.

28. Draft amendment to Listing Notice 3 in terms of the Environmental Impact Assessment Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 37951 Notice Number 736 dated 29 August 2014.

29. Proposed Listing Notice 4 in terms of the Environmental Impact Assessment Regulations. Members of the public are invited to submit written comments within 30 days after the publication of this notice in the gazette. Published in GG 37951 Notice Number 737 dated 29 August 2014.

World Heritage Convention Act 49 of 1999

30. Draft procedure for the nomination of World Heritage Sites in the Republic of South Africa. Members of the public are invited to submit written comments within 30 days after the publication of the notice in the gazette. Published in GG 37903 Notice Number 638 dated 15 August 2014.

Medicines and Related Substances Act 101 of 1965

31. Draft general regulations relating to bonusing and sampling. Interested persons are requested to submit written comments within 3 months of publication of this notice. Published in GG 37936 Notice Number 642 dated 22 August 2014.

Civil Aviation Act 13 of 2009

32. Draft amendment to the Civil Aviation Regulations and Civil Aviation Technical Standards 2011. Interested persons are requested to submit written comments on or before 22 September 2014. Published in GG 37935 Notice Number 641 dated 22 August 2014.

Petroleum Pipelines Act 60 of 2003

33. Draft rules made in terms of section 33(3) of the Act. Interested persons are requested to submit written comments within 30 days of the date of publication of this notice. Published in GG 37932 Notice Number 707 dated 22 August 2014.

Broad-Based Black Economic Empowerment Act 53 of 2003

34. Invitation to participate in the alignment of the Tourism Broad-Based Black Economic Empowerment Codes to the Amended Generic Codes of Good Practice. Interested and affected organisations are requested to submit written comments no later than 31 October 2014. Published in GG 37956 Notice Number 656 dated 29 August 2014.

SECTION D: SAFETY, HEALTH AND ENVIRONMENTAL
Provincial Legislation and Municipal By-Laws
 

Mpumalanga Province

35. Local Government: Municipal Property Rates Act 6 of 2004: Emalahleni Municipality: Work in the roads reserve and miscellaneous by-law. Published in PG 2344 Notice Number 155 dated 4 August 2014.

Western Cape Province

36. Western Cape Independent Health Complaints Committee Act 2 of 2014: Commencement date of the Act is 1 August 2014. Published in PG 7293 Notice Number 9 dated 30 July 2014.

37. West Coast District Municipality: Air Quality By-law. Published in PG 7296 dated 8 August 2014.

Eastern Cape Province

38. Local Government: Municipal Systems Act 32 of 2000: Buffalo City Metropolitan Municipality: Indigent Support By-law. Published in PG 3230 Notice Number 66 dated 28 July 2014.

Limpopo Province

39. Local Government: Municipal Systems Act 32 of 2000: Lephalale Local Municipality: Encroachment on Municipal Property By-law. Published in PG 2406 Notice Number 138 dated 15 August 2014.

North-West Province

40. Disaster Management Act 57 of 2002: Declaration of a provincial state of earthquake disaster. Published in PG 7330 Notice Number 1 dated 14 August 2014.

SECTION F: PARLIAMENTARY MONITORING

Introduction:
The Constitution describes four kinds of bills, namely:
Section 74 bills: constitutional amendments.
Section 75 bills: ordinary bills not affecting the provinces. Once a Section 75 bill has been passed by the National Assembly (NA), it is referred to the National Council of Provinces (NCOP). If the NCOP amends the bill or rejects it, it is referred to the NA, which may pass the bill again, with or without amendments, and submit for the President’s assent. In other words, the NA can pass a Section 75 bill even if the NCOP disagrees.
Section 76 bills: ordinary bills affecting the provinces. The NCOP and the NA both consider Section 76 bills.
Section 77 bills: money bills (must be introduced by the Minister of Finance in the NA).
Each type of bill has a different passage to becoming law and usually fits into only one category. If a bill does not fit clearly into one category, or if it fits into more than one category, it is usually redrafted or split into more than one bill, e.g., the NEM: Biodiversity Bill which was split into the NEM: Biodiversity Bill and NEM: Protected Areas Bill. Both of these have now been enacted.
(http://www.pmg.org.za/ and http://www.parliament.gov.za/live/index.php)

Sustainability Related Legislative Programme: Parliament of South Africa

BILLS BEFORE PARLIAMENT: (as of 2 September 2014)

• Before National Assembly Committees

− Medicines and Related Substances Amendment Bill (B6 of 2014)
− National Environmental Management: Integrated Coastal Management Amendment Bill (B8 of 2013)

• Awaiting signature from the President

➢ Mineral and Petroleum Resources Development Amendment Bill (B15 of 2013)

This Legal Brief should not be regarded a comprehensive discussion of the topics addressed and, in particular, should not be taken as legal advice or relied upon. For further information please contact: lulu@warburtons.co.za